Opinion
No. CA 06-00743.
February 2, 2007.
Appeal and cross appeal from an order of the Supreme Court, Monroe County (Harold L. Galloway, J.), entered August 23, 2005 in a personal injury action. The order, upon a jury verdict, granted judgment in favor of plaintiff and against defendant for past medical expenses.
HISCOCK BARCLAY, LLP, ROCHESTER (ROBERT M. SHADDOCK OF COUNSEL), FOR DEFENDANT-APPELLANT-RESPONDENT.
MELVIN BRESSLER, PITTSFORD, FOR PLAINTIFF-RESPONDENT-APPELLANT.
Present Scudder, P.J., Hurlbutt, Gorski, Martoche and Smith, JJ.
It is hereby ordered that said appeal and cross appeal be and the same hereby are unanimously dismissed without costs ( see Hughes v Nussbaumer, Clarke Velzy, 140 AD2d 988; see also CPLR 5501 [a] [1]).